Terms of service

Effective Date: July 1, 2024                                                                                               

These are the Website Terms of Use (the “Terms”) for Hess Sound Inc. (“Hess Sound”). These Terms apply when you visit our website at www.hess-sound.com (our “website”). These Terms and the Privacy Policy constitute the entire agreement between you and Hess Sound regarding the use of the website.

Your Responsibilities

Please be aware that these Terms constitute a binding legal agreement between you and Hess Sound. You agree you are responsible for your use of our website and any resulting consequences. You may use our website and interact with us only in compliance with these Terms and all applicable laws. Your use of our website constitutes your acceptance of these Terms and our Privacy Policy.

When using certain Hess Sound services, you may be subject to any additional terms that are otherwise made available from time to time.

Your Representations & Warranties to Hess Sound

By using our website, you represent, warrant, and agree:

1. You meet all age and eligibility requirements expressed in these Terms;
2. You will only use our website for lawful purposes, and will not use our website for sending, storing, or distributing any unlawful material or for fraudulent purposes;
3. You will not use our website to cause nuisance, annoyance or inconvenience;
4. You will not impair or harm the proper operation of our website;
5. You will not copy, or distribute any content contained within our website without written permission from Hess Sound;
6. You will only use our website for your own use and will not resell any aspect of our website to a third party;
7. You own or control all rights in and to any information or property shared with us;
8. You will provide us with whatever proof of identity we may reasonably request;
9. You have not previously been suspended or removed from our website; and
10. Your use of our website complies with applicable laws and regulations.

Access and Conditions of Use

You may use our website and interact with us only for lawful purposes and in accordance with these Terms. You agree:

1. You will not violate any applicable federal, state, local, or international law or regulation;
2. You will not exploit or harm minors;
3. You will not transmit any advertising or spam material;
4. You will not impersonate Hess Sound or any person or entity associated with Hess Sound; and
5. You will not engage in any conduct that challenges anyone's use or enjoyment of the website.

Additionally, you agree: 

1. You will not use any device, software, or routine that interferes with the proper working of the website, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
2. You will not attempt to gain unauthorized access to the website; and
3. You will not attempt to attack or interfere with the proper working of the website.

Hess Sound reserves the right to temporarily or permanently modify or discontinue our website with or without notice. Hess Sound reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.

Account Information

In order to use or access certain services, you may be asked to register for a user account. By registering, you agree to:

1. Provide accurate, current, and complete information about yourself during the registration process;
2. Maintain the security of your password and login information;
3. Accept full responsibility for all use of any account you register; and
4. Immediately notify Hess Sound of any unauthorized use of your account.

Failure to abide by these Terms constitutes a breach of these Terms, which may result in immediate termination of your account. 

Intellectual Property

Service content, Software and Trademarks. You acknowledge and agree that our website may contain content or features (“website content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Hess Sound, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our website or website content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our website. You may not access our website through robots, scraping tools or similar data-gathering or extraction methods.

The Hess Sound name and logos are trademarks and service marks of Hess Sound (collectively the “Hess Sound Trademarks”). Other company, product, and service names and logos used and displayed via our website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Hess Sound. Nothing in these Terms or in our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Hess Sound Trademarks displayed through our website, without our prior written permission in each instance. All goodwill generated from the use of Hess Sound Trademarks will inure to our exclusive benefit.

Third-Party Material. Under no circumstances will Hess Sound be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Hess Sound does not have a duty to pre-screen content, but that Hess Sound and its designees will have the right in their sole discretion to refuse or remove any content that is available via our website. This includes the right to remove any content that violates these Terms or is deemed by Hess Sound to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Feedback Transmitted Through Our Website. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information (“feedback”), provided by you to Hess Sound is non-confidential, and Hess Sound will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Hess Sound may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hess Sound, its users and the public. You understand that the technical processing and transmission of our website, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Websites

Our website may provide links or other access to other third party sites and resources on the Internet. Hess Sound has no control over such sites and resources and Hess Sound is not responsible for and does not endorse such sites and resources.

Communications

As part of your use of our website, you consent to receive electronic notifications from Hess Sound. You may opt-out of receiving certain notifications from Hess Sound by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

Third-Party Advertising & Marketing

Hess Sound may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our website and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from Hess Sound and our partners. If you do not wish to receive such advertising, you may notify us at support@gliwa.com. Hess Sound may compile and release information regarding you and your use of our website on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our website.

Indemnity and Release

You agree to release, indemnify, and hold harmless Hess Sound, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of website and interactions with us, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties Related to our Website

YOUR USE OF OUR WEBSITE AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Hess Sound EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Hess Sound MAKES NO WARRANTY THAT (I) OUR WEBSITE OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hess Sound WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hess Sound HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL Hess Sound ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Hess Sound IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

Age Requirements

By accepting these Terms through your use of our website, you certify that you are at least 18 years of age or are at least 13 years of age and are under the supervision of a parent or legal guardian that will be bound to these Terms on your behalf.  If you are under the age of 13, you are not permitted to use our website. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the website with Hess Sound, including all financial charges and legal liability that such child may incur. You should refer to the Privacy Policy for more information on children’s privacy.

General

Modification. We may modify these Terms at any time. We will provide notice of changes and post the changes on our website with the effective date. Your continued use of our website or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. Terms will be governed by the laws of Illinois without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Hess Sound agree to submit to the personal and exclusive jurisdiction of the local courts located in Cook County and the federal courts located in the United States District Court for the Northern District of Illinois. Hess Sound may assign or transfer these Terms, in whole or in part, without restriction.

No Waiver. The failure of Hess Sound to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

Hess Sound Inc.
150 North Michigan Avenue, 35th Floor
Chicago, Illinois 60601

https://www.hess-sound.com/pages/contact